DETAILED ACTION
This Office Action is in response to Applicant's Communication received on 01/23/2023 for application number 18/100,271.
Claims 1-21 are presented for examination. Claims 1, 11, and 21 are independent claims.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Applicant’s claim for the benefit of parent Application No. 14/263,178 filed on 04/28/2014 is acknowledged by the examiner.
Applicant’s claim for the benefit of parent Application No. 15/707,070 filed on 09/18/2017 is acknowledged by the examiner.
Applicant’s claim for the benefit of parent Application No. 17/132,064 filed on 12/23/2020 is acknowledged by the examiner.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 01/23/2023 and 12/19/2023 have been considered by the Examiner.
Claim Objection
Claims 3 and 13 are objected to because of the following informalities: In claims 3 and 13, “the second media identifier” should be “the second media identifier element” to be consistent. Appropriate correction is required.
Claims 5 and 15 are objected to because of the following informalities: In claims 5 and 15, “media identifier elements corresponds a list” should be “media identifier elements corresponds to a list”. Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-21 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-3, 5-7, 8-10, and 12-15 of U.S. Patent No. 11,561,676 B2, in view of Curtis et al. (US 2008/0250312 A1 hereinafter Curtis).
In the table below, the left side contains claims in the instant application while the right side contains claims of U.S. Patent No. 11,561,676 B2:
18/100,271 (Instant application)
US 11,561,676 B2 (Patent '676)
(Claim 1) A method of media guidance, the method comprising: causing a user interface to be presented that includes a first plurality of media identifier elements arranged along a first direction; in response to receiving a selection of a first media identifier element from the first plurality of media identifier elements in the user interface, causing a media content item corresponding to the first media identifier element to be played back while causing a second media identifier element from the first plurality of media identifier elements to be presented in the user interface; and updating the user interface to include a second plurality of media identifier elements that are related to the first media identifier element that was selected, wherein the second plurality of media identifier elements is aligned with the first plurality of media identifier elements.
(Claim 1) A method of media guidance, the method comprising:causing a user interface to be presented that includes a first plurality of media identifier elements arranged along a first direction;in response to receiving a selection of a first media identifier element from the first plurality of media identifier elements in the user interface, causing a media content item corresponding to the first media identifier element to be played back and causing at least one related media element to be presented in the user interface, wherein the at least one related media element is aligned with the first media identifier element along the first direction and wherein the at least one related media element corresponds to a list including a plurality of media content items that are related to the media content item being played back; andcausing the at least one related media element to be modified to include indications of a second plurality of media identifier elements that are arranged along a second direction that is orthogonal to the first direction, wherein each of the second plurality of media identifier elements corresponds to the list and one of the plurality of media content items in the list and wherein selection of a second related media identifier element from the second plurality of media identifier elements causes that related media content item to be played back.
(Claim 2) The method of claim 1, wherein the second media identifier element is a related media element corresponding to a list including a plurality of media content items that are related to the media content item being played back.
(Claim 1) ... wherein the at least one related media element corresponds to a list including a plurality of media content items that are related to the media content item being played back
(Claim 3) The method of claim 1, wherein the second media identifier is aligned with the first media identifier element along the first direction.
(Claim 1) ... causing at least one related media element to be presented in the user interface, wherein the at least one related media element is aligned with the first media identifier element along the first direction
(Claim 4) The method of claim 1, wherein the second plurality of media identifier elements are arranged along a second direction that is orthogonal to the first direction.
(Claim 1) ... causing the at least one related media element to be modified to include indications of a second plurality of media identifier elements that are arranged along a second direction that is orthogonal to the first direction
(Claim 5) The method of claim 1, wherein each of the second plurality of media identifier elements corresponds a list including a plurality of media content items that are related to the media content item being played back and one of the plurality of media content items in the list and wherein selection of a second related media identifier element from the second plurality of media identifier elements causes that related media content item to be played back.
(Claim 1) ... wherein each of the second plurality of media identifier elements corresponds to the list and one of the plurality of media content items in the list and wherein selection of a second related media identifier element from the second plurality of media identifier elements causes that related media content item to be played back
(Claim 6) The method of claim 5, further comprising causing the second related media element to transition to present a third plurality of media identifier elements arranged along the second direction that is orthogonal to the first direction.
(Claim 5) The method of claim 4, further comprising causing the second related media element to transition to present a third plurality of media identifier elements arranged along the second direction that is orthogonal to the first direction.
(Claim 7) The method of claim 5, wherein each of the first plurality of media identifier elements and the second plurality of media identifier elements is presented with metadata that represents the media content item included in each of the first plurality of media identifier elements and the second plurality of media identifier elements.
(Claim 6) The method of claim 4, wherein each of the at least one related media element and the second related media element is presented with metadata that represents media content items included in each of the media elements.
(Claim 8) The method of claim 1, wherein the first direction is from a first position of the user interface to a second position of the user interface.
(Claim 2) The method of claim 1, wherein the first direction is from a first position of the user interface to a second position of the user interface.
(Claim 9) The method of claim 1, further comprising identifying a second plurality of media content items corresponding to the second plurality of media identifier elements in response to the selection of the first media identifier element from the first plurality of media identifier elements in the user interface.
(Claim 3) The method of claim 1, further comprising identifying the plurality of media content items included in the at least one related media element in response to the selection of the first media identifier element from the first plurality of media identifier elements in the user interface.
(Claim 10) The method of claim 1, wherein the second plurality of media identifier elements are arranged along a second direction that is orthogonal to the first direction in response to detecting a placement of a navigation element within the user interface on at least one of the first plurality of media identifier elements.
(Claim 7) The method of claim 1, wherein the at least one related media element is caused to be modified to include indications of a second plurality of media identifier elements that are arranged along a second direction that is orthogonal to the first direction in response to detecting a placement of a navigation element within the user interface on the at least one related media element in the user interface.
Note: Regarding Claim 1 of the instant application, 'while causing a second media identifier element to be presented in the user interface' is disclosed by 'and causing at least one related media element to be presented in the user interface' (Claim 1 of Patent '676); 'updating the user interface to include a second plurality of media identifier elements that are related to the first media identifier element that was selected, wherein the second plurality of media identifier elements is aligned with the first plurality of media identifier elements' is disclosed by 'causing at least one related media element to be presented in the user interface, wherein the at least one related media element is aligned with the first media identifier element along the first direction and wherein the at least one related media element corresponds to a list including a plurality of media content items that are related to the media content item being played back; causing the at least one related media element to be modified to include indications of a second plurality of media identifier elements that are arranged along a second direction...' (Claim 1 of Patent '676).
Regarding Claim 1, in the same field of endeavor, Curtis teaches wherein the second media identifier element from the first plurality of media identifier elements ([0030] GUI for displaying friend and programmatically-generated media item recommendation lists is illustrated in FIG. 1; [0035] if the user desires to select a particular friend media item recommendation 52 from the friend media item recommendation list 50, the user clicks their mouse while the cursor is located over top the media item 52; the media item 52 selected is immediately moved to the focus area 28 as providing the currently selected media item recommendation 27; the friend media item recommendation list 50 is also automatically shifted and/or reordered in the horizontal axis so that the media items icons 52 are maintained in their relational order by most closely related or closest in likeness to the selected media item recommendation 27 in the focus area 28; the most closely related friend media items recommendations 52 to the selected media item recommendation 27 are displayed immediately proximate to the selected media item recommendation 27 - thus, the most closely related friend media items recommendations 52 (i.e., second media identifier element) to the selected media item recommendation 27 is from the friend media item recommendation list 50 (i.e., the first plurality of media identifier elements)).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have incorporated wherein the second media identifier element from the first plurality of media identifier elements, as taught by Curtis. Doing so would be desirable because it would allow the user to easily and visually identify, browse, and/or select the most related media item selections to the selected media item recommendation in the focus area of the GUI at anytime (Curtis [0008]).
Claims 11-20 of the instant application are system claims similar to the method claims 1-10 of the instant application and recite similar limitations as claims 8-10 and 12-14 of Patent '676 and are likewise rejected.
Claim 21 of the instant application is a medium claim similar to the method claim 1 of the instant application and recite similar limitations as claim 15 of Patent '676 and is likewise rejected.
Claims 1-21 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-3, 5-6, 7-9, and 11-13 of U.S. Patent No. 10,877,626 B2, in view of Curtis et al. (US 2008/0250312 A1 hereinafter Curtis).
In the table below, the left side contains claims in the instant application while the right side contains claims of U.S. Patent No. 10,877,626 B2:
18/100,271 (Instant application)
US 10,877,626 B2 (Patent '626)
(Claim 1) A method of media guidance, the method comprising: causing a user interface to be presented that includes a first plurality of media identifier elements arranged along a first direction; in response to receiving a selection of a first media identifier element from the first plurality of media identifier elements in the user interface, causing a media content item corresponding to the first media identifier element to be played back while causing a second media identifier element from the first plurality of media identifier elements to be presented in the user interface; and updating the user interface to include a second plurality of media identifier elements that are related to the first media identifier element that was selected, wherein the second plurality of media identifier elements is aligned with the first plurality of media identifier elements.
(Claim 1) A method of media guidance, the method comprising:causing, using a hardware processor of a media device, a user interface to be presented that includes a first plurality of media identifier elements arranged along a first direction;in response to receiving a selection of a first media identifier element from the first plurality of media identifier elements in the user interface, causing a media content item corresponding to the first media identifier element to be played back and causing at least one related media element to be presented in the user interface, wherein the at least one related media element is aligned with the first media identifier element along the first direction and wherein the at least one related media element corresponds to a list including a plurality of media content items that are related to the media content item being played back; andin response to detecting a placement of a navigation element within the user interface on the at least one related media element in the user interface, causing the at least one related media element to be modified to include indications of a second plurality of media identifier elements that are arranged along a second direction that is orthogonal to the first direction, wherein each of the second plurality of media identifier elements corresponds to the list and one of the plurality of media content items in the list, wherein selection of a first related media identifier element from the second plurality of media identifier elements corresponding to the list causes the plurality of media content items to be played back in an order, and wherein selection of a second related media identifier element from the second plurality of media identifier elements corresponding to one of the plurality of media content items causes that related media content item to be played back.
(Claim 2) The method of claim 1, wherein the second media identifier element is a related media element corresponding to a list including a plurality of media content items that are related to the media content item being played back.
(Claim 1) ... wherein the at least one related media element corresponds to a list including a plurality of media content items that are related to the media content item being played back
(Claim 3) The method of claim 1, wherein the second media identifier is aligned with the first media identifier element along the first direction.
(Claim 1) ... causing at least one related media element to be presented in the user interface, wherein the at least one related media element is aligned with the first media identifier element along the first direction
(Claim 4) The method of claim 1, wherein the second plurality of media identifier elements are arranged along a second direction that is orthogonal to the first direction.
(Claim 1) ... causing the at least one related media element to be modified to include indications of a second plurality of media identifier elements that are arranged along a second direction that is orthogonal to the first direction
(Claim 5) The method of claim 1, wherein each of the second plurality of media identifier elements corresponds a list including a plurality of media content items that are related to the media content item being played back and one of the plurality of media content items in the list and wherein selection of a second related media identifier element from the second plurality of media identifier elements causes that related media content item to be played back.
(Claim 1) ... wherein each of the second plurality of media identifier elements corresponds to the list and one of the plurality of media content items in the list... wherein selection of a second related media identifier element from the second plurality of media identifier elements corresponding to one of the plurality of media content items causes that related media content item to be played back
(Claim 6) The method of claim 5, further comprising causing the second related media element to transition to present a third plurality of media identifier elements arranged along the second direction that is orthogonal to the first direction.
(Claim 5) The method of claim 4, further comprising, in response to detecting the placement of the navigation element within the user interface on the second related media element in the user interface, causing the second related media element to transition to present a third plurality of media identifier elements arranged along the second direction that is orthogonal to the first direction.
(Claim 7) The method of claim 5, wherein each of the first plurality of media identifier elements and the second plurality of media identifier elements is presented with metadata that represents the media content item included in each of the first plurality of media identifier elements and the second plurality of media identifier elements.
(Claim 6) The method of claim 4, wherein each of the at least one related media element and the second related media element is presented with metadata that represents media content items included in each of the media elements.
(Claim 8) The method of claim 1, wherein the first direction is from a first position of the user interface to a second position of the user interface.
(Claim 2) The method of claim 1, wherein the first direction is from a first position of the user interface to a second position of the user interface.
(Claim 9) The method of claim 1, further comprising identifying a second plurality of media content items corresponding to the second plurality of media identifier elements in response to the selection of the first media identifier element from the first plurality of media identifier elements in the user interface.
(Claim 3) The method of claim 1, further comprising identifying the plurality of media content items included in the at least one related media element in response to the selection of the first media identifier element from the first plurality of media identifier elements in the user interface.
(Claim 10) The method of claim 1, wherein the second plurality of media identifier elements are arranged along a second direction that is orthogonal to the first direction in response to detecting a placement of a navigation element within the user interface on at least one of the first plurality of media identifier elements.
(Claim 1) ... in response to detecting a placement of a navigation element within the user interface on the at least one related media element in the user interface, causing the at least one related media element to be modified to include indications of a second plurality of media identifier elements that are arranged along a second direction that is orthogonal to the first direction, wherein each of the second plurality of media identifier elements corresponds to the list and one of the plurality of media content items in the list
Note: Regarding Claim 1,'while causing a second media identifier element to be presented in the user interface' is disclosed by 'and causing at least one related media element to be presented in the user interface' (Claim 1 of Patent '626); 'updating the user interface to include a second plurality of media identifier elements that are related to the first media identifier element that was selected, wherein the second plurality of media identifier elements is aligned with the first plurality of media identifier elements' is disclosed by 'causing at least one related media element to be presented in the user interface, wherein the at least one related media element is aligned with the first media identifier element along the first direction and wherein the at least one related media element corresponds to a list including a plurality of media content items that are related to the media content item being played back;... causing the at least one related media element to be modified to include indications of a second plurality of media identifier elements that are arranged along a second direction...' (Claim 1 of Patent '626).
Regarding Claim 1, in the same field of endeavor, Curtis teaches wherein the second media identifier element from the first plurality of media identifier elements ([0030] GUI for displaying friend and programmatically-generated media item recommendation lists is illustrated in FIG. 1; [0035] if the user desires to select a particular friend media item recommendation 52 from the friend media item recommendation list 50, the user clicks their mouse while the cursor is located over top the media item 52; the media item 52 selected is immediately moved to the focus area 28 as providing the currently selected media item recommendation 27; the friend media item recommendation list 50 is also automatically shifted and/or reordered in the horizontal axis so that the media items icons 52 are maintained in their relational order by most closely related or closest in likeness to the selected media item recommendation 27 in the focus area 28; the most closely related friend media items recommendations 52 to the selected media item recommendation 27 are displayed immediately proximate to the selected media item recommendation 27 - thus, the most closely related friend media items recommendations 52 (i.e., second media identifier element) to the selected media item recommendation 27 is from the friend media item recommendation list 50 (i.e., the first plurality of media identifier elements)).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have incorporated wherein the second media identifier element from the first plurality of media identifier elements, as taught by Curtis. Doing so would be desirable because it would allow the user to easily and visually identify, browse, and/or select the most related media item selections to the selected media item recommendation in the focus area of the GUI at anytime (Curtis [0008]).
Claims 11-20 of the instant application are system claims similar to the method claims 1-10 of the instant application and recite similar limitations as claims 7-9 and 11-12 of Patent '626 and are likewise rejected.
Claim 21 of the instant application is a medium claim similar to the method claim 1 of the instant application and recite similar limitations as claim 13 of Patent '626 and is likewise rejected.
Claims 1-5, 8-9, 11-15, 18-19, and 21 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1, 8, and 15 of U.S. Patent No. 9,766,781 B2, in view of Curtis et al. (US 2008/0250312 A1 hereinafter Curtis).
In the table below, the left side contains claims in the instant application while the right side contains claims of U.S. Patent No. 9,766,781 B2:
18/100,271 (Instant application)
US 9,766,781 B2 (Patent '781)
(Claim 1) A method of media guidance, the method comprising: causing a user interface to be presented that includes a first plurality of media identifier elements arranged along a first direction; in response to receiving a selection of a first media identifier element from the first plurality of media identifier elements in the user interface, causing a media content item corresponding to the first media identifier element to be played back while causing a second media identifier element from the first plurality of media identifier elements to be presented in the user interface; and updating the user interface to include a second plurality of media identifier elements that are related to the first media identifier element that was selected, wherein the second plurality of media identifier elements is aligned with the first plurality of media identifier elements.
(Claim 1) A method of media guidance, the method comprising:causing, using a hardware processor of a media device, a user interface to be presented that includes a plurality of media identifier elements each corresponding to a media asset of a plurality of media assets, wherein each of the plurality of media assets corresponds to at least one video;causing the plurality of media identifier elements to be arranged along a first direction from a first position of the user interface to a second position of the user interface;receiving a first instruction from a user input device that is separate from the media device to select a first media asset for playback, wherein the first media asset is associated with a first media identifier element of the plurality of media identifier elements;identifying a first plurality of related media assets in response to the first instruction to select the first media asset for playback, wherein each of the first plurality of related media assets is related to the first media asset and each of the first plurality of related media assets corresponds to at least one video;causing a first video corresponding to the first media asset to be played back in a first portion of the user interface in response to the first instruction to select the first media asset for playback;causing a first set of one or more related media identifier elements to be presented in a second portion of the user interface aligned with the first portion along the first direction, wherein each of the one or more related media identifier elements in the first set is a list of related media identifier elements and corresponds to at least one of the first plurality of related media assets and each of the one or more related media identifier elements in the first set are selectable to cause one or more videos associated with the one or more related media identifier elements to be played back;.....
(Claim 2) The method of claim 1, wherein the second media identifier element is a related media element corresponding to a list including a plurality of media content items that are related to the media content item being played back.
(Claim 1) ... wherein each of the one or more related media identifier elements in the first set is a list of related media identifier elements and corresponds to at least one of the first plurality of related media assets
(Claim 3) The method of claim 1, wherein the second media identifier is aligned with the first media identifier element along the first direction.
(Claim 1) ... causing a first set of one or more related media identifier elements to be presented in a second portion of the user interface aligned with the first portion along the first direction
(Claim 4) The method of claim 1, wherein the second plurality of media identifier elements are arranged along a second direction that is orthogonal to the first direction.
(Claim 1) ... receiving a fourth instruction from the user input device to select a next element along a second direction that is orthogonal to the first direction from the second set of the one or more related media identifier elements
(Claim 5) The method of claim 1, wherein each of the second plurality of media identifier elements corresponds a list including a plurality of media content items that are related to the media content item being played back and one of the plurality of media content items in the list and wherein selection of a second related media identifier element from the second plurality of media identifier elements causes that related media content item to be played back.
(Claim 1) ... wherein each of the one or more related media identifier elements in the first set is a list of related media identifier elements and corresponds to at least one of the first plurality of related media assets and each of the one or more related media identifier elements in the first set are selectable to cause one or more videos associated with the one or more related media identifier elements to be played back
(Claim 8) The method of claim 1, wherein the first direction is from a first position of the user interface to a second position of the user interface.
(Claim 1) ... causing the plurality of media identifier elements to be arranged along a first direction from a first position of the user interface to a second position of the user interface
(Claim 9) The method of claim 1, further comprising identifying a second plurality of media content items corresponding to the second plurality of media identifier elements in response to the selection of the first media identifier element from the first plurality of media identifier elements in the user interface.
(Claim 1) ...receiving a first instruction from a user input device that is separate from the media device to select a first media asset for playback, wherein the first media asset is associated with a first media identifier element of the plurality of media identifier elements; identifying a first plurality of related media assets in response to the first instruction to select the first media asset for playback, wherein each of the first plurality of related media assets is related to the first media asset and each of the first plurality of related media assets corresponds to at least one video
Note: Regarding Claim 1, 'while causing a second media identifier element to be presented in the user interface' is disclosed by ‘causing a first set of one or more related media identifier elements to be presented in a second portion of the user interface' (Claim 1 of Patent '781); 'updating the user interface to include a second plurality of media identifier elements that are related to the first media identifier element that was selected, wherein the second plurality of media identifier elements is aligned with the first plurality of media identifier elements' is disclosed by 'causing a first set of one or more related media identifier elements to be presented in a second portion of the user interface aligned with the first portion along the first direction' (Claim 1 of Patent '781).
Regarding Claim 1, in the same field of endeavor, Curtis teaches wherein the second media identifier element from the first plurality of media identifier elements ([0030] GUI for displaying friend and programmatically-generated media item recommendation lists is illustrated in FIG. 1; [0035] if the user desires to select a particular friend media item recommendation 52 from the friend media item recommendation list 50, the user clicks their mouse while the cursor is located over top the media item 52; the media item 52 selected is immediately moved to the focus area 28 as providing the currently selected media item recommendation 27; the friend media item recommendation list 50 is also automatically shifted and/or reordered in the horizontal axis so that the media items icons 52 are maintained in their relational order by most closely related or closest in likeness to the selected media item recommendation 27 in the focus area 28; the most closely related friend media items recommendations 52 to the selected media item recommendation 27 are displayed immediately proximate to the selected media item recommendation 27 - thus, the most closely related friend media items recommendations 52 (i.e., second media identifier element) to the selected media item recommendation 27 is from the friend media item recommendation list 50 (i.e., the first plurality of media identifier elements)).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have incorporated wherein the second media identifier element from the first plurality of media identifier elements, as taught by Curtis. Doing so would be desirable because it would allow the user to easily and visually identify, browse, and/or select the most related media item selections to the selected media item recommendation in the focus area of the GUI at anytime (Curtis [0008]).
Claims 11-15 and 18-19 of the instant application are system claims similar to the method claims 1-5 and 8-9 respectively of the instant application and recite similar limitations as claim 8 of Patent '781 and are likewise rejected.
Claim 21 of the instant application is a medium claim similar to the method claim 1 of the instant application and recite similar limitations as claim 15 of Patent '781 and is likewise rejected.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-21 are rejected under 35 U.S.C. 103 as being unpatentable over Morita et al. (US 2015/0248204 A1 hereinafter Morita) in view of Curtis et al. (US 2008/0250312 A1 hereinafter Curtis).
Regarding Claim 1, Morita teaches a method of media guidance ([0008] an information processing method; displaying the acquired related information in a second area of the content selection screen), the method comprising:
causing a user interface to be presented that includes a first plurality of media identifier elements arranged along a first direction ([0091] FIG. 9 shows the content zone screen 18; in the content zone screen, the content icon display unit 290 arranges in a line a plurality of content icons 84 associated with a plurality of pieces of content. See fig. 9 - it shows a first plurality of media identifier elements/ 84 arranged along a first direction);
in response to receiving a selection of a first media identifier element from the first plurality of media identifier elements in the user interface, causing a media content item corresponding to the first media identifier element to be played back while causing a second media identifier element to be presented in the user interface ([0097] a focus position is fixed in the content area 80; when an operation for selecting content is detected, the content icons 84 moves; [0100] when the status of a specific piece of content changes to the focused status in the content area 80, the related information acquiring unit 266 acquires a plurality of types of related information summaries relating to the focused content and displays the predetermined number of types of related information summaries in the three live items 92 (i.e., second media identifier element); [0102] if a specific piece of content is focused on, and the cross button 226 is pushed, the content playback unit 268 starts the playback of the focused content. See fig. 9); and
updating the user interface to include a second plurality of media identifier elements that are related to the first media identifier element that was selected, wherein the second plurality of media identifier elements is aligned with the first plurality of media identifier elements ([0100] when the status of a specific piece of content changes to the focused status in the content area 80, the related information acquiring unit 266 acquires a plurality of types of related information summaries relating to the focused content and displays the predetermined number of types of related information summaries in the three live items 92 (i.e., second plurality of media identifier elements related to the focused/ selected content); [0102] if a specific piece of content is focused on, and the cross button 226 is pushed, the content playback unit 268 starts the playback of the focused content. See fig. 9 - it shows the second plurality of media identifier elements/ 92 aligned horizontally with the first plurality of media identifier elements/ 84).
However, Morita fails to expressly teach wherein the second media identifier element from the first plurality of media identifier elements.
In the same field of endeavor, Curtis teaches wherein the second media identifier element from the first plurality of media identifier elements ([0030] GUI for displaying friend and programmatically-generated media item recommendation lists is illustrated in FIG. 1; [0035] if the user desires to select a particular friend media item recommendation 52 from the friend media item recommendation list 50, the user clicks their mouse while the cursor is located over top the media item 52; the media item 52 selected is immediately moved to the focus area 28 as providing the currently selected media item recommendation 27; the friend media item recommendation list 50 is also automatically shifted and/or reordered in the horizontal axis so that the media items icons 52 are maintained in their relational order by most closely related or closest in likeness to the selected media item recommendation 27 in the focus area 28; the most closely related friend media items recommendations 52 to the selected media item recommendation 27 are displayed immediately proximate to the selected media item recommendation 27 - thus, the most closely related friend media items recommendations 52 (i.e., second media identifier element) to the selected media item recommendation 27 is from the friend media item recommendation list 50 (i.e., the first plurality of media identifier elements)).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have incorporated wherein the second media identifier element from the first plurality of media identifier elements, as taught by Curtis into Morita. Doing so would be desirable because it would allow the user to easily and visually identify, browse, and/or select the most related media item selections to the selected media item recommendation in the focus area of the GUI at anytime (Curtis [0008]).
As to dependent Claim 2, Morita and Curtis teach all the limitations of Claim 1. Morita further teaches wherein the second media identifier element is a related media element corresponding to a list including a plurality of media content items that are related to the media content item being played back ([0100] when the status of a specific piece of content changes to the focused status in the content area 80, the related information acquiring unit 266 acquires a plurality of types of related information summaries relating to the focused content and displays the predetermined number of types of related information summaries in the three live items 92; [0102] if a specific piece of content is focused on, and the cross button 226 is pushed, the content playback unit 268 starts the playback of the focused content. See fig. 9 - it shows the second media identifier element/ 92 corresponding to a list of plurality of media content items related to the media content item being played back/ focused content 86).
As to dependent Claim 3, Morita and Curtis teach all the limitations of Claim 1. Morita further teaches wherein the second media identifier is aligned with the first media identifier element along the first direction ([0100] when the status of a specific piece of content changes to the focused status in the content area 80, the related information acquiring unit 266 acquires a plurality of types of related information summaries relating to the focused content and displays the predetermined number of types of related information summaries in the three live items 92. See fig. 9 - it shows the second media identifier element/ 92 aligned horizontally with the first media identifier element/ focused content 86).
As to dependent Claim 4, Morita and Curtis teach all the limitations of Claim 1. Morita further teaches wherein the second plurality of media identifier elements are arranged along a second direction that is orthogonal to the first direction ([0100] when the status of a specific piece of content changes to the focused status in the content area 80, the related information acquiring unit 266 acquires a plurality of types of related information summaries relating to the focused content and displays the predetermined number of types of related information summaries in the three live items 92; [0120] FIG. 10 shows where a plurality of types of related information summaries are arranged in a lattice and displayed as a grid. See fig. 10 - it shows the second plurality of media identifier elements/ 92 are arranged along a second direction that is orthogonal to the first direction).
As to dependent Claim 5, Morita and Curtis teach all the limitations of Claim 1. Morita further teaches wherein each of the second plurality of media identifier elements corresponds a list including a plurality of media content items that are related to the media content item being played back and one of the plurality of media content items in the list ([0100] when the status of a specific piece of content changes to the focused status in the content area 80, the related information acquiring unit 266 acquires a plurality of types of related information summaries relating to the focused content and displays the predetermined number of types of related information summaries in the three live items 92; [0102] if a specific piece of content is focused on, and the cross button 226 is pushed, the content playback unit 268 starts the playback of the focused content. See fig. 9 - it shows each of the second plurality of media identifier elements/ 92 corresponding to a list of plurality of media content items related to the media content item being played back/ focused content 86 and one of the plurality of media content items in the list/ 92) and wherein selection of a second related media identifier element from the second plurality of media identifier elements causes that related media content item to be played back ([0102] if a specific piece of content is focused on, and the cross button 226 is pushed, the content playback unit 268 starts the playback of the focused content - thus, when the cross button 226 is pushed when one the content in 92 is focused on, the content playback unit starts the playback of the focused content).
As to dependent Claim 6, Morita and Curtis teach all the limitations of Claim 5. Morita further teaches wherein causing the second related media element to transition to present a third plurality of media identifier elements arranged along the second direction that is orthogonal to the first direction ([0109] for each of the plurality of types of related information summaries, the related information display unit 294 stores a display start time for displaying each related information in the live item 92 in front of the live area 82; the related information display unit 294 detects a related information summary (herein after referred to as a “first summary”) for which the display time in the front live item 92 reaches a predetermined time period; the related information display unit 294 identifies a related information summary having the oldest display start time in the front from among the plurality of types of related information summaries (herein after referred to as a “second summary”), another related information summary being displayed in the background live item 92; then the related information display unit 294 exchanges the display positions of the first summary (i.e., including second related media element) and the second summary (i.e., third plurality of media identifier elements); [0120] FIG. 10 shows where a plurality of types of related information summaries are arranged in a lattice and displayed as a grid (i.e., second direction that is orthogonal to the first direction)).
As to dependent Claim 7, Morita and Curtis teach all the limitations of Claim 5. Morita further teaches wherein each of the first plurality of media identifier elements and the second plurality of media identifier elements is presented with metadata that represents the media content item included in each of the first plurality of media identifier elements and the second plurality of media identifier elements ([0092] the content icons 84 (i.e., first plurality of media identifier elements) are thumbnails that graphically indicate information on respective content; [0100] when the status of a specific piece of content changes to the focused status in the content area 80, the related information acquiring unit 266 acquires a plurality of types of related information summaries relating to the focused content and displays the predetermined number of types of related information summaries in the three live items 92 (i.e., second plurality of media identifier elements). See fig. 9).
As to dependent Claim 8, Morita and Curtis teach all the limitations of Claim1. Morita further teaches wherein the first direction is from a first position of the user interface to a second position of the user interface ([0103] the focus control unit 282 moves the cursor 86 in the horizontal direction, by an operation in the horizontal direction input through the direction key 216, and changes the status of another live item 92 to the focused status. See fig. 9 - it shows the first horizontal direction from left to right).
As to dependent Claim 9, Morita and Curtis teach all the limitations of Claim1. Morita further teaches wherein identifying a second plurality of media content items corresponding to the second plurality of media identifier elements in response to the selection of the first media identifier element from the first plurality of media identifier elements in the user interface ([0100] when the status of a specific piece of content changes to the focused status (i.e., selection of the first media identifier element) in the content area 80, the related information acquiring unit 266 acquires a plurality of types of related information summaries relating to the focused content and displays the predetermined number of types of related information summaries in the three live items 92 (i.e., a second plurality of media content items corresponding to the second plurality of media identifier elements)).
As to dependent Claim 10, Morita and Curtis teach all the limitations of Claim1. Morita further teaches wherein the second plurality of media identifier elements are arranged along a second direction that is orthogonal to the first direction in response to detecting a placement of a navigation element within the user interface on at least one of the first plurality of media identifier elements ([0096] if an operation indicating the left or right direction input through the direction key 216 is detected when a cursor 86 (i.e., navigation element) is in the content area 80, the content icon display unit 290 changes positions for displaying the plurality of content icons 84, and displays the content icons 84 so that the content icons 84 are shifted in the direction in accordance with the operation direction; [0100] when the status of a specific piece of content changes to the focused status in the content area 80, the related information acquiring unit 266 acquires a plurality of types of related information summaries relating to the focused content and displays the predetermined number of types of related information summaries in the three live items 92; [0120] FIG. 10 shows where a plurality of types of related information summaries are arranged in a lattice and displayed as a grid; [0122] the focus control unit 282 moves the cursor 86 between live items 92 in accordance with an operation of the direction keys 216, also in the content zone screen 18 shown in FIG. 10. See fig. 10 - it shows the second plurality of media identifier elements/ 92 are arranged along a second direction that is orthogonal to the first direction)).
Claims 11-20 are system claims corresponding to the method claims 1-10 respectively and therefore, rejected for the same reasons. Curtis further teaches wherein a system comprising: a hardware processor ([0074]media item recommendation system; [0075] the user devices contain a web browser and/or client application to provide the GUI to the user; a recommendation engine 156 may be provided to handle recommendation related processing (i.e., including processor)).
Claims 21 is a medium claim corresponding to the method claim 1 above and therefore, rejected for the same reasons. Curtis further teaches wherein non-transitory computer-readable medium containing computer executable instructions that, when executed by a processor, cause the processor to perform a method ([0074] media item recommendation system; [0075] the user devices contain a web browser and/or client application to provide the GUI to the user; a recommendation engine 156 may be provided to handle recommendation related processing (i.e., including computer-readable medium with computer executable instructions executed by processor)).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Applicant is required under 37 CFR § 1.111(c) to consider these references fully when responding to this action.
Rhoads et al. (US 2012/0174039 A1) teaches: FIG. 2. Video mosaic display 200 includes selectable options 202 for content information organized based on content type, genre, and/or other organization criteria. In display 200, television listings option 204 is selected, thus providing listings 206, 208, 210, and 212 as broadcast program listings. In display 200 the listings may provide graphical images including cover art, still images from the content, video clip previews, live video from the content, or other types of content that indicate to a user the content being described by the media guidance data in the listing. Display 100 may also include video region 122, advertisement 124, and options region 126. Video region 122 may allow the user to view and/or preview programs that are currently available. The content of video region 122 may correspond to, or be independent from, one of the listings displayed in grid 102 (see [0032], [0046]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REJI KARTHOLY whose telephone number is (571)272-3432. The examiner can normally be reached on Monday - Thursday from 7:30 am to 3:30 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Welch, can be reached at telephone number 571-272-7212. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/REJI KARTHOLY/Primary Examiner, Art Unit 2143